Terms of Service

Last Updated: October 24th 2018

Thank you for using Color Capture. Color Capture is a service of WizEyes Tech Inc., based in 275 Cook Road, Toronto, ON M3J 3T1, Canada. WizEyes Tech Inc. is the entity with whom you enter these terms. The terms "us", "we," or " Color Capture" (as the case may be) refer to WizEyes Tech Inc.

These Terms of Service (the "Terms") and our Privacy Policy govern your use of all available Color Capture Services and Apps ("Color Capture"), so please read them carefully before using Color Capture.

By using Color Capture, you agree to be bound by these Terms. If you don't agree to these Terms, do not use Color Capture. If you are using Color Capture on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

We may revise the Terms from time to time. Changes may be posted to our website, blog and within our Apps, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use Color Capture after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Color Capture.

Auto Renewing Subscriptions

For auto renewing subscriptions completed in our iOS Apps following terms apply:

Your Information and Responsibilities

To use Color Capture, you optionally can create an account, either via Color Capture or through your account with a third-party service such as Facebook. In the latter case, your Color Capture account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.

You may use Color Capture only if you are 13 years or older and are not barred from using Color Capture under applicable law.

You are responsible for safeguarding the password that you use to access Color Capture. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify Color Capture of any unauthorized use of your account.

By using Color Capture, you provide us with text, graphics, images and other information ("your content"). You retain full ownership to your content. Color Capture does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Color Capture Intellectual Property Rights

Color Capture and its licensors exclusively own Color Capture, including all associated intellectual property rights. You acknowledge that Color Capture is protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Color Capture.

Color Capture grants you a limited, non-exclusive, non-transferable license to view, copy, and display Color Capture solely in connection with your permitted use of Color Capture.

General Prohibitions

You agree not to do-or attempt to do-any of the following:

DMCA/Copyright Policy

We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that an Color Capture product infringes your copyright, please contact Color Capture’s copyright agent at support@wizeyes.com

Termination

We may suspend Color Capture or terminate your access to and use of Color Capture, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Color Capture in any way that would cause us legal liability or disrupt others' use of Color Capture. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to support@wizeyes.com.

Price Change

Availability of the app price is limited. All prices are subject to change without prior notice due to currency fluctuation and/or unforeseen economic circumstances.

Warranty Disclaimers

COLOR CAPTURE OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT COLOR CAPTURE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.

Indemnity

You will indemnify and hold harmless Color Capture and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Color Capture or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.

Limitation of Liability

NEITHER COLOR CAPTURE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING COLOR CAPTURE, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE COLOR CAPTURE OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLOR CAPTURE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL COLOR CAPTURE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE COLOR CAPTURE OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO COLOR CAPTURE FOR USE OF COLOR CAPTURE OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COLOR CAPTURE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLOR CAPTURE AND YOU.

GOVERNING LAW

These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Color Capture and you regarding Color Capture, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Color Capture and you regarding Color Capture, except that if you become a party to Color Capture's Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Color Capture's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Color Capture may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Color Capture under these Terms, including those regarding modifications to these Terms, will be given: (i) by Color Capture via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Color Capture's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Color Capture. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at:

WizEyes Tech Inc.
275 Cook Road
Toronto, ON M3J 3T1
Canada
support@wizeyes.com

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